The Sally, Porter, Master
Supreme Court of the United States
This was an appeal from the decree of the Circuit Court for the district of Massachusetts. The facts of the case were as follows : The brig Sally, John Porter, master, was captured by the privateer Jefferson, John Kehew, commander, July 7th, 1812, as prize, and sent into the port of Salem, in the district of Massachusetts, for adjudication.
Read the full summary
This was an appeal from the decree of the Circuit Court for the district of Massachusetts. The facts of the case were as follows : The brig Sally, John Porter, master, was captured by the privateer Jefferson, John Kehew, commander, July 7th, 1812, as prize, and sent into the port of Salem, in the district of Massachusetts, for adjudication. The Sally, at the time of her capture, had on board a coaster’s manifest, and a permission from the collector of the port of Passamaquoddy, dated July 7th, 1812, to proceed to Boston. From the manifest, her cargo purported to be one box of hones, and one…
1Opinion of the CourtStory, J.
This case cannot be distinguished from that of The Rapid. It was there decided, that property engaged in an illicit intei-course with the enemy, is *3841 t0 confiscation *as prize of war, and the only remaining ques-J tion now before us, is, to Avhom it shall be condemned — to the captors, or to the United States ?
By the general laAv of prize, property engaged in an illegal intercourse with the enemy, is deemed enemy property. It is of no consequence, Avhether it belong to an ally or to a citizen; the illegal traffic stamps it with the hostile character, and attaches to it all the penal…
2Cases cited1 opinion
- Martin v. DrakeSupreme Court of Louisiana · 1842
3Cited by12 opinions
- Lauritzen v. LarsenSupreme Court of the United States · 1953
- Riley v. St. Luke's Episcopal HospitalCourt of Appeals for the Fifth Circuit · 1999
- Amory v. M'GregorNew York Supreme Court · 1818
- León v. Transconex, Inc.Supreme Court of Puerto Rico · 1987
- The Benito EstengerSupreme Court of the United States · 1900
7 more not listed; retrieve them via the Exa API.